What should do and what facts and the facts you should know
Pre-Trial License Suspensions
Kentucky law requires Judges at arraignment or as soon as they have information suspend the license of the accused if the accused:
1. Refused a breath, blood or urine test. (The law enforcement officer may request that you submit to a blood test, breath test or urine test or all three tests. The Officer is the person who selects the test and a suspect does not have the right to pick the test that he or she wants to take. After you submit to the officers test(s) you may request a blood test by a qualified person of your choosing within a reasonable time of your arrest.
2. Has been convicted of one or more DUIs or has had his license suspended on one or more occasions for refusing to take an alcohol concentration test in the five years preceding the arrest;
3. Was involved in an accident that resulted in death or serious physical injury to a person other than the accused.
The accused may ask for a review of the suspension and the Court shall conduct a review within thirty (30) days of the filing of the motion.
There are six aggravating factors, which, if present, double the mandatory minimum jail sentence which must be imposed and which cannot be probated or conditionally discharged. Aggravating factors only act to enhance minimum jail sentences. Aggravating factors do not enhance fines, fees and license suspensions.
Those aggravating factors are:
(1) Operating a motor vehicle in excess of thirty (30) miles per hour above the speed limit;
(2) Operating a motor vehicle in the wrong direction on a limited access highway;
(3) Operating a motor vehicle that causes an accident resulting in death or serious physical injury;
(4) Operating a motor vehicle while the alcohol concentration in the operator’s blood or breath is 0.15 or more as measured by a test or tests of a sample of the operator’s blood or breath taken within two (2) hours of cessation of operation of the motor vehicle;
(5) Refusing to submit to any test of one’s blood, breath or urine requested by an officer having reasonable grounds to believe the person was operating or in physical control of a motor vehicle in violation of the DUI laws; (DUI 2nd and subsequent offenses)
(6) Operating a motor vehicle that is transporting a passenger under the age of twelve (12) years old.
Mandatory minimum jail sentences for a DUI with an aggravating factor are:
First Offense: 4 days;
Second Offense: 14 days;
Third Offense: 60 days; and
Fourth Offense: 240 days.
The aggravating factors do not apply to under-21 DUIs. There is no prohibition on dismissal by the prosecution of the aggravated circumstance to avoid the minimum mandatory sentence. For a first offense, the aggravating factor must be present at the time of operation of the motor vehicle. This excludes imposition of the mandatory minimum jail sentence for refusals since refusals cannot occur at the time of operation of a motor vehicle.